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Coming back to UK before BRP expiry date

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ILRApplication01
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Coming back to UK before BRP expiry date

Post by ILRApplication01 » Fri Jun 28, 2019 8:32 pm

My wife's visa is expiring on 15 Dec 2019. We are planning a trip overseas and will be returning to UK on 15 Nov 2019. My question is: will there be any issue for my wife as her visa will have 30 days left? Will she be allowed re-entry? My son and I have British passports and my wife is on her first spouse visa.

Thanks for your help folks.

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Fri Jun 28, 2019 8:55 pm

No issue but on return make sure to apply extension before expiry.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Fri Jun 28, 2019 9:21 pm

Thank you for your reply, will do that.

Can you please confirm will I need accommodation report for an extension, is it a mandatory document for an extension? I live in a detached house.

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Fri Jun 28, 2019 9:26 pm

ILRApplication01 wrote:
Fri Jun 28, 2019 9:21 pm
Thank you for your reply, will do that.

Can you please confirm will I need accommodation report for an extension, is it a mandatory document for an extension? I live in a detached house.
You maybe referring to property inspection report which is only needed when none-related adult is also living in property otherwise not needed.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Fri Jun 28, 2019 9:44 pm

Yes, I was referring to the Property Inspection report. All people living in the house are related i.e my sister and her husband. And my brother and her wife.

Is that OK to not provide an inspection report? There is no overcrowding as there are 4 bedrooms, living room, Spam, and family room.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Fri Jun 28, 2019 9:55 pm

Also if she takes B1 language test, rather than A2, will B1 still be valid for her indefinite leave to remain application even though that application will take place 2.5 years after taking B1 test.

Thanks

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Sat Jun 29, 2019 8:41 am

Property inspection report may not be needed in your case but if you wish & can afford then still no harm in attaching it. Yes doing B1 test instead A2 is wise because it can be reusable as well in subsequent stages as long as it remain on HO list.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Sat Sep 28, 2019 12:25 pm

I have three more questions:

1) Shall I include correspondences from last two years from the date of application or shall I include correspondence for two years starting from my wife's date of entry to the UK? I think it's the former but I would like to double check?

2) I am also a director of the company which employs me and there are two other non-related directors (i.e fewer than 5), my salary alone meets the financial requirement. I was thinking of relying on salary only to meet financial requirements. I received three dividend payments from the company but those were transferred to a separate personal account and was paid from a different account for the same company. so I am trying to reduce the paperwork. [b]Will it be an issue, if I do not mention income from dividend? I can mention this in the covering letter that I am relying on salary income alone to meet financial requirements.[/b] Company's last full financial year was ended on 31st Mar 2019. I will be submitting the following documents:
[b]Sponsor[/b]
a) Sponsor’s current account’s bank statement covering the period between 01 Apr 2018 and 20 Sep 2019. This period shows the salary payment in the last financial year and 6 months after the financial year to prove that the Sponsor is still being employed by the company. Statements were printed on official bank stationery by the Bank and posted to sponsor by the Bank. The statement date is within the last 28 days of the submission of the visa application.
b) Sponsor’s Original 12 months’ payslips for the last financial year (Apr 2018 to Mar 2019).
c) A letter from Sponsor’s employer on headed paper confirming employment, gross salary, bonus payments for last full financial year, job title, start date, and type of employment.
d) Sponsor’s last P60 for the last full financial year.
e) Sponsor’s payslip from Apr 2019 to Sep 2019, confirming that the sponsor is still being employed by the company.
f) A letter from Sponsor’s employer on headed paper confirming employment, gross salary, overtime, and bonus payments since the last full financial year (Apr 2019 to Sep 2019), job title, start date, and type of employment.

[b]Company[/b]
a) Accountant’s letter confirming Sponsor’s employment, gross salary, bonus payments made in the last full financial year, and list of documents that the accountant has provided in support of this application.
b) Company’s unaudited account which also includes Chartered Accountant report, confirming that the company is entitled to exemption from an audit.
c) CT600 for the last full financial year (01/04/2018 to 31/03/2019)
d) Proof of HMRC receiving the CT600 from HMRC online services
e) A copy of the company’s Certificate of Incorporation
f) A current appointments list from Companies House’s website as further proof of registration
g) A copy of the VAT Registration Certificate for the company
h) Copies of the VAT return filed for the year ended 31 March 2019
i) A current company information report from the company’s house
j) Company’s current bank account statement for the period 01 Apr 2018 to 17 September 2019. Statements were printed on official bank stationery by the Bank and posted to the company by the Bank. The statement date is within the last 28 days of the submission of the visa application.

3) The final question is regarding accommodation, I own 4 bedroom house and it has two additional rooms: a living room and a family room. I have family members (Brother and his spouse, Sister and her spouse and their two kids) living with me i.e. there are total 6 adults (3 couples including my wife and me), our under two years daughter and two kids 4 and 8 years old (my sister's kids) are living. As per housing requirement, 4 bedroom house can contain 7.5 which is the case in my scenario even if I don't include two additional rooms i.e living and family room. [b]In your esteemed view, is this overcrowding or are we OK?[/b]

Thanks a lot for your help.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Sun Sep 29, 2019 10:35 am

Can someone please help with these questions?

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Sun Sep 29, 2019 6:32 pm

ILRApplication01 wrote:
Sat Sep 28, 2019 12:25 pm
I have three more questions:

1) Shall I include correspondences from last two years from the date of application or shall I include correspondence for two years starting from my wife's date of entry to the UK? I think it's the former but I would like to double check?

2) I am also a director of the company which employs me and there are two other non-related directors (i.e fewer than 5), my salary alone meets the financial requirement. I was thinking of relying on salary only to meet financial requirements. I received three dividend payments from the company but those were transferred to a separate personal account and was paid from a different account for the same company. so I am trying to reduce the paperwork. Will it be an issue, if I do not mention income from dividend? I can mention this in the covering letter that I am relying on salary income alone to meet financial requirements. Company's last full financial year was ended on 31st Mar 2019. I will be submitting the following documents:
Sponsor
a) Sponsor’s current account’s bank statement covering the period between 01 Apr 2018 and 20 Sep 2019. This period shows the salary payment in the last financial year and 6 months after the financial year to prove that the Sponsor is still being employed by the company. Statements were printed on official bank stationery by the Bank and posted to sponsor by the Bank. The statement date is within the last 28 days of the submission of the visa application.
b) Sponsor’s Original 12 months’ payslips for the last financial year (Apr 2018 to Mar 2019).
c) A letter from Sponsor’s employer on headed paper confirming employment, gross salary, bonus payments for last full financial year, job title, start date, and type of employment.
d) Sponsor’s last P60 for the last full financial year.
e) Sponsor’s payslip from Apr 2019 to Sep 2019, confirming that the sponsor is still being employed by the company.
f) A letter from Sponsor’s employer on headed paper confirming employment, gross salary, overtime, and bonus payments since the last full financial year (Apr 2019 to Sep 2019), job title, start date, and type of employment.

Company
a) Accountant’s letter confirming Sponsor’s employment, gross salary, bonus payments made in the last full financial year, and list of documents that the accountant has provided in support of this application.
b) Company’s unaudited account which also includes Chartered Accountant report, confirming that the company is entitled to exemption from an audit.
c) CT600 for the last full financial year (01/04/2018 to 31/03/2019)
d) Proof of HMRC receiving the CT600 from HMRC online services
e) A copy of the company’s Certificate of Incorporation
f) A current appointments list from Companies House’s website as further proof of registration
g) A copy of the VAT Registration Certificate for the company
h) Copies of the VAT return filed for the year ended 31 March 2019
i) A current company information report from the company’s house
j) Company’s current bank account statement for the period 01 Apr 2018 to 17 September 2019. Statements were printed on official bank stationery by the Bank and posted to the company by the Bank. The statement date is within the last 28 days of the submission of the visa application.

3) The final question is regarding accommodation, I own 4 bedroom house and it has two additional rooms: a living room and a family room. I have family members (Brother and his spouse, Sister and her spouse and their two kids) living with me i.e. there are total 6 adults (3 couples including my wife and me), our under two years daughter and two kids 4 and 8 years old (my sister's kids) are living. As per housing requirement, 4 bedroom house can contain 7.5 which is the case in my scenario even if I don't include two additional rooms i.e living and family room. In your esteemed view, is this overcrowding or are we OK?

Thanks a lot for your help.
1. last two years from the date of application

2. You can read and match your documents with the official guidance at page 67-69
https://assets.publishing.service.gov.u ... -ext_1.pdf

3.correct understanding. Although the property inspection report is only needed where none-related adults are also living but still in my view if the family is large in same house then attaching a property inspection might meet the requirement more easily.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Wed Oct 02, 2019 11:18 am

1) Thanks for confirming

2) I have included all the evidence required in the link, however, I can't find anything to say that if you don't rely to dividend to meet financial requirement then there is no need for uploading it.

3) If I submit my application on 2 Oct and housing report is handed to me on 3rd Oct which I upload before my appointment, will HO consider this evidence even though the date is later than the application date?

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Wed Oct 02, 2019 11:24 am

ILRApplication01 wrote:
Wed Oct 02, 2019 11:18 am
.

3) If I submit my application on 2 Oct and housing report is handed to me on 3rd Oct which I upload before my appointment, will HO consider this evidence even though the date is later than the application date?
Why not just wait for 1 more day only for submitting the application to keep things easier.
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ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Wed Oct 02, 2019 11:29 am

Sorry for causing confusion, it could be more than one day (may be a week) as I am not sure, therefore I wanted to know if there is a general rule that a document which has date later than application date then it is still valid.

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Wed Oct 02, 2019 11:38 am

ILRApplication01 wrote:
Wed Oct 02, 2019 11:29 am
Sorry for causing confusion, it could be more than one day (may be a week) as I am not sure, therefore I wanted to know if there is a general rule that a document which has date later than application date then it is still valid.
As per the guidance it won't be accepted but few members still got success even by submitting the documents post dated from the date of application. Ideally the guidance should be followed.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Wed Oct 02, 2019 11:39 am

Thanks for confirming.
Do I need to provide a letter from my sister and her husband saying that they are looking to move to a new property (which they currently are) as soon as they can find a suitable one?

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Re: Coming back to UK before BRP expiry date

Post by geoeng » Wed Oct 02, 2019 11:54 am

With regards to dividends, the guidance and the immigration rules (Appendix FM-SE) are worded such that if you receive them, you have to provide the listed evidence. There is nothing about omitting them even if you aren't relying on them to meet the financial requirements. I have no experience in using this category and someone who has may be better placed to answer this, but it's probably not worth leaving the documents out if you have them.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Coming back to UK before BRP expiry date

Post by seagul » Wed Oct 02, 2019 12:42 pm

ILRApplication01 wrote:
Wed Oct 02, 2019 11:39 am
Thanks for confirming.
Do I need to provide a letter from my sister and her husband saying that they are looking to move to a new property (which they currently are) as soon as they can find a suitable one?
No need
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Wed Oct 02, 2019 8:40 pm

[quote=geoeng post_id=1832549 time=1570017248 user_id=224010]
With regards to dividends, the guidance and the immigration rules (Appendix FM-SE) are worded such that if you receive them, you have to provide the listed evidence. There is nothing about omitting them even if you aren't relying on them to meet the financial requirements. I have no experience in using this category and someone who has may be better placed to answer this, but it's probably not worth leaving the documents out if you have them.
[/quote]

OK, I think it is safer to include them, it is extra paperwork but it is better to be safe than sorry.

One last thing, I received dividend payments in two months, shall I just include a statement from those two periods instead of a full 12 months. Rules ask for 12 months statement (full financial year) for salary but they do not seem to ask full financial year statements for dividend payments. Do you interpret them the same way as I did?

ILRApplication01
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Re: Coming back to UK before BRP expiry date

Post by ILRApplication01 » Wed Oct 02, 2019 8:42 pm

[quote=seagul post_id=1832568 time=1570020127 user_id=134400]
[quote=ILRApplication01 post_id=1832545 time=1570016398 user_id=80616]
Thanks for confirming.
Do I need to provide a letter from my sister and her husband saying that they are looking to move to a new property (which they currently are) as soon as they can find a suitable one?
[/quote]

No need
[/quote]

Thank you, can you please also share your insights regarding my last question about submitting 2 dividend statements only.

On a separate note, I am unable to quote with a yellow background, the way you quoted my post, I think I am not doing something correctly. I click on the quote icon on a post and it adds [quote] quoted text [/quote] but not a yellow background.

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Re: Coming back to UK before BRP expiry date

Post by geoeng » Thu Oct 03, 2019 7:51 am

ILRApplication01 wrote:
Wed Oct 02, 2019 8:40 pm
One last thing, I received dividend payments in two months, shall I just include a statement from those two periods instead of a full 12 months. Rules ask for 12 months statement (full financial year) for salary but they do not seem to ask full financial year statements for dividend payments. Do you interpret them the same way as I did?
Yes, I would interpret it the same way. Appears as though only providing statements for the periods that dividends were received would be fine.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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